Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 44-0107
Powers and duties of the council
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 44
§ 44-0107. Powers and duties of the council.

The council shall have the power:

1. To make by-laws for the management and regulation of its affairs.

2. To make and execute contracts and all other instruments necessary
or convenient for the exercise of its powers and functions under this

3. To appoint an executive officer, officers, agents and employees,
and prescribe their duties and qualifications and fix their

4. To utilize, to the extent feasible, the staff and facilities of
existing state agencies, pursuant to an allocation to be made by the
state division of the budget.

5. To contract for professional and technical assistance and advice.

6. To contract for and to accept assistance, including but not limited
to gifts, grants, or loans of funds or personal property from the
federal government or any agency or instrumentality thereof, or from any
agency or instrumentality of the state, or from any other public or
private source and to comply, subject to the provisions of this article,
with the terms and conditions thereof. Notwithstanding the provision of
section eleven of the state finance law, the council may accept gifts,
grants, devises and bequests, whether conditional or unconditional
providing that any gifts, grants, devises and bequests be consistent
with greenway criteria.

7. To conduct scientific, environmental, economic, tourism and
cultural studies within the valley that are germane to the greenway

8. To annually review and update the recommendations of the governor's
council on the Hudson river valley and prepare objectives to advance
each of the five greenway criteria: natural and cultural resources
protection, regional planning, economic development including
agriculture and urban redevelopment, public access and heritage

9. To review and comment as an interested agency during the
environmental review process pursuant to article eight of this chapter
on proposed actions within the greenway, and upon the filing of a draft
environmental impact statement for any such action to require the lead
agency to conduct a hearing under article eight of this chapter.

10. To review and comment on capital and long range plans of state
agencies as they affect the criteria, objectives and plans of the

11. To review and comment on actions pursuant to section seventy-five
of the public lands law within the greenway for their consistency with
the public's right and interest in land under water for the purposes of
navigation and commerce, fishing, bathing, natural resource
conservation, recreation and access to the waters and lands underwater
of the state.

12. To review and comment upon the annual work plan submitted by the

13. To jointly designate and develop in agreement with the conservancy
model greenway projects to demonstrate the implementation of greenway
planning and make contracts for assistance to municipalities and
nonprofit entities within the greenway therefor.

14. To designate multi-county planning districts or subregions based
on environmental, economic and social factors linking counties, cities,
towns and villages and the recommendations of municipal officials from
such counties and their political subdivisions for the purpose of
development of the greenway compact, provided that the areas of Bronx
and New York counties designated pursuant to section 44-0109 of this
article shall be deemed to be a multi-county planning district and
region and shall not be linked with any other county, city, town or
village in a multi-county planning district or region.

15. To make recommendations on expanding the geographical area of the
greenway to include Washington county and the remainder of Saratoga

16. To encourage individuals, corporations, associations and public
entities to protect and preserve the unique resources of the greenway
and make grants to municipalities and nonprofit entities within the
greenway therefor.

17. To make available or to cause to make available dispute resolution
services for conflicts over land use regulation between units of
government and/or between interests including development, conservation
and neighborhood interests upon request of all parties in dispute.

18. To organize and meet with a committee of county planners within
the greenway regarding regional projects and the provision of planning

19. To prepare an annual report on the conduct of its activities which
shall include a recommended budget for the next year to be sent to the
governor and the legislature.

20. To exercise and perform such other powers and duties as shall have
been or may be from time to time conferred by law.

21. To utilize the staff and facilities of existing local agencies to
the extent that local agencies make them available.

22. To take any actions necessary to carry out the functions, powers
and duties imposed by this article.

23. To purchase the maximum insurance coverage practicable and
affordable from revenues in the fund, to be effective upon the adoption
by a community of a regional plan, from any duly authorized insurer in
this state, against any liability of any participating community or its
agents that may result from its acquisition of land, consistent with its
regional plan, or the adoption or implementation of any land use control
including, but not limited to, a zoning law or ordinance; provided,
however, such insurance shall not apply to any such claim that results
from the intentional wrongdoing, recklessness, gross negligence or an
unlawful discriminatory practice as provided in subdivisions two, two-a,
three-b, four, paragraphs (a) and (b) of subdivision five and
subdivisions six, seven, fourteen and eighteen of section two hundred
ninety-six of the executive law and 42 U.S.C. § § 1981, 1983 by such
community or its agents. Except with respect to New York city, the
council shall purchase such insurance and begin coverage upon the
adoption by a community of a regional plan, and maintain such insurance
for all participating communities. Nothing herein shall require the
council to purchase or provide coverage for New York city.